13 Dec 2017

Gaborone City Council (GCC) clerk, Mr Mpho Mathe says the budgetary provisions made under legal advice is a necessary contingency measure that facilitates the council to both defend itself and institute actions against actual or potential violators of its rights. 

Responding to a question at Gaborone City Council full meeting, Mr Mathe said all this comes at a cost per the Botswana Court Rules at various levels such as the High Court, Magistrate, Land Tribunal or Arbitration Commissions, hence the need for such a budget, which amounts to more than P2.6 million. 

Mr Mathe said that this budgetary provision catered for administrative dispute resolution mechanisms and litigation costs incurred by both in house and collaborative external attorneys, legal contingency costs, which included costs for court appearing, filing court process and defending the council as previously approved by GCC. 

He said that the law firm partnership primarily served a cushion per said gap as they were much more able to deal with or deflect urgent applications that could potentially cost the council if it was not ready. 

Councillor for Government Enclave, Mr Mohammed Sobhan had asked how come the council spent P2.6 million on legal advices when there was a fully-fledged Legal Department.  

Responding to another question, Mr Mathe said the drafting instruction for the Bill on the review of the Adoption of Action Act was forwarded to the Attorney General’s Chamber in early 2016. 

He said the Attorney General’s Chamber had been working on the draft Bill since then and continually consulted the Department of Social Protection (Orphans and Vulnerable Children Division) on clauses of concern. 

Mr Mathe said the Department of Social Protection had initially wanted the review to be completed by December 2016, but the attorney general’s office had advised against setting a time frame because of the intense processes involved in drafting such a bill.  

He however noted that broader consultations on the review would commence after the completion of the draft Bill. 

Furthermore, he told councillors that although the council was aware of the importance of the dispensaries and sanitary bins, they were not included in the current recurrent budget or Urban Development Plan (UDP). 

Mr Mathe said in that regard, GCC issued primary schools with red plastic bags for special disposals. 

Councillor for Tsogang ward, Mr Tetelo Thebe had asked the council about its plans to provide health services to primary schools in order to be in line with public health regulations by connecting detergent dispensaries and sanitary bins in girls’ toilets in schools.

He also asked about progress on the review of adoption of the Children’s Act. ENDS